Acórdão nº 9240873 de Court of Appeal of Porto (Portugal), 21 de Outubro de 1993
Data | 21 Outubro 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART376 N1 N2.
Jurisprudência Nacional: AC RL DE 1976/06/25 IN CJ ANOI PAG762. AC STJ DE 1977/05/03 IN BMJ N257 PAG125. AC STJ DE 1982/01/20 IN BMJ N313 PAG338. AC STJ DE 1976/03/16 IN BMJ N255 PAG111.
Sumário: I - O documento particular ( recibo ) limita-se a provar que o seu autor fez as declarações que dele constam. Não mais. Não prova, assim, que essas declarações correspondam à vontade do declarante. II - A presunção referida no nº 2 do artigo 376 do Código Civil é uma presunção "iuris tantum" e, neste caso, não...
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